Order Michigan Supreme Court

Lansing, Michigan

December 30, 2019 Bridget M. McCormack,

Chief Justice

David F. Viviano,
Chief Justice Pro Tem
160719 & (17)
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
SONDRA HARDY, Elizabeth T. Clement
Plaintiff-Appellant, Megan K. Cavanagh,
Justices
and
STACI HAAG,
Plaintiff,
v SC: 160719
COA: 351694
SECRETARY OF STATE and DIRECTOR
OF ELECTIONS,
Defendants-Appellees.
_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED.

The application for leave to appeal the December 20, 2019 order of the Court of Appeals
is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
REVERSE the order of the Court of Appeals and REMAND this case to the Court of
Appeals for entry of an order of mandamus. As acknowledged by the Board of State
Canvassers in its brief filed in the related appeal in Inman v Board of State Canvassers,
Court of Appeals No. 350173, the reasons given for the recall are the officeholder’s filing
of a notice of diminished capacity in his federal criminal case and the allegedly missed
votes in the House of Representatives. See Defendant’s Court of Appeals Brief at pp 5-6
(“While the inclusion of a description of the counts of the indictment was certainly not
flattering or helpful to Representative Inman, the language of the petition does not make
the indictment a reason for the recall.”). The recall petition is proper because the reasons
given for recall in the circulated petitions were not different than the reasons that were
approved by the Board of Canvassers. This Court is not presented with, and is not
passing on, the merits of the officeholder’s claim of appeal that is currently pending in
the Court of Appeals. Court of Appeals Docket No. 350173. The Court of Appeals shall
continue to treat this matter as a priority. MCR 7.213(C)(4).

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 30, 2019
a1230
Clerk